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ARTICLE · 25 JULY 2019

US Department Of Justice Announces Incentives For Robust Antitrust Compliance Programs

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On July 11, 2019, Assistant Attorney General Makan Delrahim announced important changes in how the Antitrust Division of the US Department of Justice (Division) would make a charging decision in criminal antitrust cases.

United StatesAntitrust/Competition Law

Executive Summary. On July 11, 2019, Assistant Attorney General Makan Delrahim announced important changes in how the Antitrust Division of the US Department of Justice (Division) would make a charging decision in criminal antitrust cases. For decades, the Division had employed an all-or-nothing approach, granting corporate leniency to the first company to report and document wrongdoing. Under the Division's new policy, companies with robust compliance programs may be eligible for deferred prosecution agreements (DPAs)—even when they lose the race to report antitrust offenses. This policy change creates a significant new incentive for companies to implement robust antitrust compliance programs.  

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